KLAMEN v. AMERICAN AUTOMOBILE INSURANCE COMPANY

No. 34749.

492 S.W.2d 390 (1973)

Harold M. KLAMEN, Executor of the Estate of Louis Mitleider, Plaintiff-Appellant, v. AMERICAN AUTOMOBILE INSURANCE COMPANY, Defendant-Respondent.

Missouri Court of Appeals, St. Louis District.

March 6, 1973.


Attorney(s) appearing for the Case

Klamen, Summers, Wattenberg & Compton, Norman W. Drey, Jr., Clayton, for plaintiff-appellant.

Thomas, Busse, Cullen, Clooney, Weil & Ottsen, St. Louis, for defendant-respondent.


McMILLIAN, Judge.

Plaintiff appeals from an order of the Circuit Court of the City of St. Louis sustaining defendant's motion to dismiss plaintiff's petition. Defendant's motion to dismiss alleged that: (1) plaintiff was not the proper plaintiff to bring this suit; and (2) the facts alleged in plaintiff's petition did not state facts sufficient to constitute a cause of action. The trial court sustained defendant's motion without comment.

Plaintiff's petition...

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